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Operating While Intoxicated while asleep in a car?


In Indiana, you are operating a vehicle parked on the traveled portion of a road even if you are asleep.

In Winters v. State, a police officer responded to a request for a welfare check and found Defendant asleep in a running vehicle that was parked halfway in a residential driveway and halfway in the roadway. The officer arrived at 5:15 a. m. and a chemical blood test was performed at 7:11a.m., which indicated a whole blood ethyl alcohol concentration in the range of .107% to .128%. Defendant was convicted of operating a vehicle with an ACE of .08 or more as a class C misdemeanor.

The Court of Appeals held that the trial court could have reasonably concluded Defendant was operating his vehicle when the officer found him alone in the driver seat of the running vehicle, halfway in the road obstructing traffic and halfway in a driveway at 5:15 a.m. The State was therefore able to rely on the statutory presumption under Indiana CodeĀ§ 9-30-6-15 that the blood test results were admissible because the chemical test was timely conducted within the three-hour time period after the officer had probable cause to believe Defendant had committed an offense.

With over 35 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to operating while intoxicated offenses and other criminal charges. Few other attorneys can match his trial experience and knowledge of criminal law and he can use that experience and knowledge to benefit you. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.

Filed to Ask a Lawyer, Operating While Intoxicated

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